Santa Barbara District Attorney Joyce Dudley expects to decide in about a month if the fatal shooting of a Santa Maria police officer by another officer was justified.

Dudley said on Tuesda… Click to Read More and see additional updates

Santa Barbara District Attorney Joyce Dudley expects to decide in about a month if the fatal shooting of a Santa Maria police officer by another officer was justified.

Dudley said on Tuesday she had received the results Monday of the Santa Barbara County Sheriff's investigation of the shooting of Albert Covarrubias, Junior. It happened on January 28th at a DUI checkpoint in Santa Maria where he was finishing a traffic detail.

Police officials said the shooting happened when two supervisors tried to arrest Covarrubias on charges of having a sexual relationship with a seventeen-year-old police explorer.

Dudley will decide if the shooting was a justified use of deadly force.

Two people were arrested on suspicion of driving under the influence during a checkpoint overnight Saturday, the Santa Maria Police department said.

Police held the checkpoint in the 500 block of East Main Street from 6 p.m. until 2 a.m.

Nearly one thousand vehicles passed through the checkpoint, with officers evaluating nine drivers for DUI. Seven other drivers were cited for driving without a license, but just one vehicle was impounded. The others were released to licensed drivers.

This was the first DUI checkpoint in the city since officer Albert Covarrubias, Junior was shot and killed by another officer while under investigation for alleged sexual misconduct.

Santa Maria Police are holding their first DUI checkpoint tonight since officer Albert Covarubbias, Junior was shot and killed by another officer while being arrested for alleged sexual misconduct last month.

The checkpoint is just getting underway.

We'll have more on this story at 10 and 11.

A key vote tonight shows the majority of the Santa Maria Police Department is not happy with Chief Danny Macagni's leadership.

The Police Officers Association counted the ballots and released the results shortly before 6:15 Friday night.

The vote comes after two officers were shot by friendly fire three months ago, and Officer Albert Covarubbias, Jr. was shot and killed by another officer while being arrested for alleged sexual misconduct.

This is the first time a "No Confidence" vote has been issued at the Santa Maria Police Department.

119 ballots were sent out to all the members of the Police Officers Association. 93 were returned, which is about 80 percent. Of those ballots, 85 percent said they were not confident in Police Chief Danny Macagni.

Members of the Santa Maria Police Officers Association sent a clear message Friday night. They want new leadership.

"I think this shows it's just not a few of us. It's 85 percent of the POA membership that aren't happy," said Sgt. Chris Nartatez, who is the union president and also the cousin of Covarrubias.

Nartatez says votes were cast by mail in ballots sent to a PO Box that can only be accessed by two members. While most of the union does not approve of Macagni, Nartatez says the vote in no way affects public safety in the city.

"The people behind me, the people in the department are going to continue wanting to be police officers and protect the public, so that in no way should affect the community," he said.

Chief Macagni declined to comment following the vote, but told KSBY News in an interview two weeks ago, he had no plans of quitting because of the controversy.

"Absolutely not. No and no and no," he said.

The results are not binding, but they are another key factor for City Manager Rick Haydon to consider.

We asked Nartatez if there was anything he'd like to Haydon, who makes the final decision on whether Macagni keeps his job.

"Well, we've been talking to him and we hope that with this we'll be heard," Nartatez said.

KSBY News spoke with Haydon after the vote came down. He says he still he has full confidence in Chief Macagni and how he's handled the situation with limited resources.

Haydon says he wasn't at all surprised by the vote and feels this is a result of the raw emotion still evident from the most recent shooting, where officers lost one of their own.

He also added that he is asking the Office of Independent Review from Los Angeles County to speak with union members to reach a constructive resolution.

SANTA MARIA, Calif. (AP) - A Los Angeles County law enforcement watchdog has been asked to examine Santa Maria police actions in the shooting death of a policeman when officers moved in to arrest him on teen sex charges.

City Manager Rick Haydon told the Santa Maria City Council on Tuesday that the Santa Barbara County Sheriff's Department and independent internal affairs investigators will probe the Jan. 28 killing of Officer Alberto Covarrubias Jr.

Covarrubias was ending his shift at a DUI checkpoint when he was shot in a scuffle as detectives moved in to arrest him on charges of having sex with a 17-year-old girl.

The Santa Maria Times says the Office of Independent Review will conduct a thorough review of Police Department procedures after the sheriff's and internal affairs investigations.

The Office of Independent Review was created by Los Angeles County supervisors to review Sheriff's Department complaints. It also conducts independent investigations for other law enforcement agencies.

___

Information from: Santa Maria Times, http://www.santamariatimes.com/

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

The Santa Maria Police Chief is sharing more details Tuesday night about the deadly officer-involved shooting last month.

He is speaking at the Santa Maria City Council meeting, which has become tense as family members of Officer Albert Covarrubias, Junior, and members of the community are present, asking for Chief Macagni to be fired. Covarrubias was shot and killed by a fellow officer. He was under investigation for alleged sexual misconduct charges with a 17-year-old girl.

Chief Macagni told KSBY News police have a recorded phone conversation between Officer Covarrubias and the 17-year-old girl.

KSBY News has a reporter at the meeting and will share more information as it becomes available.

The following is a statement and update from Santa Maria Police Chief Danny Macagni regarding the Jan. 28, 2012 officer-involved shooting:

The past few days have been among the most difficult in the history of our police department. Regrettably, one of our own was implicated in a serious crime. We had credible information that he likely was about to harm himself and also a member of the public. In an effort to protect the officer and the public, we felt we had to move as quickly as possible to detain somebody who we believed posed a dangerous threat to himself and others. Our goal, as it is in every situation, was to secure the accused officer with minimal risk to everyone involved. Nobody anticipated that events would unfold so tragically.

Police work is never easy and judgment calls must sometimes be made quickly based on circumstances presented at the time. Thankfully, most of our contacts with the public end without incident. Sadly, sometimes they don't.

While we begin the healing process - and deal with the shock and sadness surrounding this tragedy - we will continue the process of reviewing our policies and procedures to ensure they meet the highest possible standards.

As you know, we immediately invited the Santa Barbara Sheriff's Department to handle the entire investigation of this officer-involved shooting, with their findings to be reviewed by the District Attorney. We have also invited an expert on internal affairs, from outside our department, to conduct an independent administrative investigation. I have also instructed my officers to fully cooperate in these investigations.

In the meantime, I encourage the public to continue to support our police officers. We are pleased to have secured the assistance of the FBI's Crisis Management Team to work with department personnel during this difficult time. We have added additional crisis counselors to assist us. As the media has reported, many of our officers are dealing with the loss of somebody close to them.

The City acknowledges the desire of the public and media for more information on this issue and that the lack of more available information may be frustrating to the public. Therefore, we have set-up a webpage to be a clearinghouse for all available City information on this matter.
For more information,view our website here. All future inquiries or comments should be directed to Chief Macagni.

Less than a month after she married Santa Maria police officer Albert Covarrubias, Junior, his wife is making plans for his funeral service and defending him against accusations of an illegal sexual relationship with a teenager.

Covarrubias was shot and killed by another officer when police said he resisted arrest last Saturday. The officer who shot Covarrubias was his best friend, Matt Kline, who celebrated Covarrubias' wedding with him in Las Vegas last month.

Police Chief Danny Macagni told reporters at a news conference last weekend Covarrubias faced multiple felony charges for allegedly having a sexual relationship with a 17-year-old girl.

Sources tell KSBY news the teen was a member of the SMPD's Explorer program.

At their apartment in Santa Maria, where his police uniforms still hang in a closet, Gloria Covarrubias sorted through photos and memorabilia which she will have on display at his Monday funeral service. Those items include a letter from Chief Macagni written last October, recognizing Covarrubias as the police employee of the month for his "superior performance and positive attitude" in his handling of a robbery case. The chief also invited Covarrubias to have lunch with him and said he would be honored at an annual police luncheon in 2012.

Three months after the chief sent that letter, Covarrubias was shot on-duty and in uniform as he was finished a DUI checkpoint shift in Santa Maria.

His widow said through her sister that she does not believe the accusations against her newlywed husband.

"She is not going to believe the reports," said Covarrubias' sister-in-law, Yovanna Rios on Thursday. "He really loved my sister. Why would he be messing around? he's not that type of person." She also said, "My sister is not going to remember what they accused him of. She's going to remember him for what he was, how he treated her and who she fell in love with."

Funeral services will be held on Monday at 1p.m. at Dudley Hoffman Funeral Home for Covarrubias.

A annual luncheon to honor Santa Maria police officers was scheduled for two days later. On Wednesday, the Chamber of Commerce announced the luncheon has been postponed. No new date has been set yet.

The City of Santa Maria has set-up a web page with information about the shooting. To view that site, click here.

Funeral services have been scheduled for Monday afternoon for a Santa Maria police officer fatally shot by a fellow officer last Saturday morning.

The family of Officer Albert Covarrubias, Jr., told KSBY news the servicers will be held at 1p.m. at the Dudley Hoffman Funeral Home in Santa Maria, followed by burial at Santa Maria Cemetery.

The officer's father, Albert Covarrubias, Sr.. said no police officers will be allowed to attend the services.

The officer was shot by his best friend when Santa Maria Polcie Chief Danny Macagni said Covarrubias resisted when two supervisors tried to arrest him on allegations of criminal sexual conduct with a 17-year-old girl.

The Santa Barbara County Sheriff's department is investigating the shooting and will present its finding to the District Attorney, Joyce Dudley. Dudley expects it will be about two to three months before she reviews the case and makes a decision if the shooting was a justified use of deadly force.

Santa Maria Police Chief Danny Macagni's news conference on shooting: http://www.ksby.com/videos/raw-video-smpd-news-conference-on-santa-maria-officer-involved-shooting

The officer-involved shooting in Santa Maria has gained national attention. The police chief there says Albert Covarrubias Jr. was shot and killed when two supervisors tried to arrest him. He was under investigation for sexual misconduct with a 17-year-old girl.

A lot of people are curious to see how the investigation will play out in what has become a rather complex case.

The Santa Barbara County District Attorney told KSBY News the entire process could take two to three months. Sheriff's investigators are busy gathering evidence in the case. It will then go to the DA's office, where they will determine whether the shooting was considered a "lawful use of force."

The memorial for 29-year-old Albert Covarrubias continues to grow. Monday evening, three girls who graduated with him from Santa Maria High School in 2000 gathered at the memorial.

"He was a true genuine friend," said Tiffany Almaguer of Santa Maria.

As they comforted each other and lit candles, they remembered the 29-year-old cop for how he lived.

"I admired him for going out and doing and becoming what he wanted to be," said Lori Alejandre of Santa Maria.

Not how he died.

"That's what's heartbreaking. He deserves to go out as cop. he protected and he served and he did his duty for his four years," Almaguer said.

Still, the Santa Maria police chief says Covarrubias fired first, prompting his officers to take immediate action. If history is any indication, prosecutors say these types of cases in Santa Barbara County rarely go to trial.

"In my experience, they have all been lawful uses of force," said Senior Deputy District Attorney Ann Bramsen.

If they find the officer was not justified in his actions,

"Then, the decision will be made whether we have enough proof beyond a reasonable doubt to file a criminal case," Bramsen said.

But before any decision comes down, there will be an intensive review.

"That will include all the interviews, photographs, autopsy," Bramsen said.

For now though, the community is left wondering just what exactly unfolded.

This is the second officer-involved shooting in Santa Maria in the last two months. In December, two cops were accidentally shot by fellow officers during a shootout with an armed drug suspect. The DA says expects to decide next month whether any criminal charges will be filed in that case.

If the officer who shot Covarrubias is cleared of any wrong doing, the case files will become public.

29-year-old Albert Covarrubias Junior is the officer who was killed by fellow officers after resisting arrest early Saturday morning.

His family spoke to KSBY this afternoon, and gave us his photo. Our interview with them will be on our newscasts at 8, 10, and 11. We will bring you the latest on this story as we learn more.

North Broadway near West Alvin Avenue in Santa Maria is now open after being closed this morning while SMPD investigated fatal shooting of a Santa Maria Police Officer.

KSBY will be streaming a 2 p.m. press conference held by the SMPD live on KSBY.com. We will update you on this developing story throughout the afternoon on KSBY.com and KSBY at 6, 10, and 11.

Santa Maria police fatally shot a city officer under investigation for alleged sexual misconduct with a minor early Saturday morning, according to a statement from the Santa Maria Police Department.

The release said the officer under investigation was on-duty when he was shot as officers attempted to arrest him at Broadway and McElhaney. That's where they said the officer became aware he was under an internal investigation and fired at the officers as they struggled to arrest him at that location.

An arresting officer fired one shot at the officer under investigation. He was transported to Marian Medical Center where he died.

The Santa Barbara County Sheriff's Office is conducting an investigation of the shooting.

The department is not naming the officer until family members have been notified. A news conference is set at the SMPD for 2p.m.

Watch KSBY News for the latest on this developing story.